Government servants enjoy security of tenure, are reasonably
well paid and enjoy other non-monetary benefits like car and house loans at low
rates of interest, virtually free medical benefits and numerous other
incentives and privileges to better their position and status in society. In
the final analysis, it is the taxpayers who shoulder the financial burden. As
such. Government servants are obliged to serve the public with high levels of
morality and sense of responsibility. To instil into them such values the
Government has produced a 'Guide to Excellent Service' which it is hoped would
guide their day to day behaviour in the performance of their duties and their
dealings with public. In addition to achieving high levels of efficiency and
quality of service, it is hoped that Government servants would conduct their
affairs fairly and impartially without any expectation of reward and also
conduct their affairs according to the conditions of service as laid down in
their contract. However, should there by any deviations, it may be necessary to
take appropriate disciplinary action. For this purpose, the Yang di-Pertuan
Agong is empowered to make certain General Orders for public interest. So in
this chapter we examine the General Orders that guide and control the actions
of Government servants.
In exercise of the powers conferred by Clause (2) of Article 132
of the Federal Consti- tution, His Majesty the Yang di-Pertuan Agong hereby
makes the following General Orders:
PART I:
PRELIMINARY
Citation
1.(1) These General Orders may be cited as the Public Officers
(Conduct and Discipline) (Chapter "D") General Orders 1980 and
subject to paragraph (2) hereunder shall come into force on the date of
publication of these General Orders in the Gazette.
(2) The provisions of General Orders 23, 33, 34, and 44 shall be
deemed to have come into force on 27th August 1976 and 30th December 1978
respectively.
Application
2. The General Orders shall apply to an officer throughout the
period of his service. The breach of any provision of these General Orders
shall render an officer liable to disciplinary action.
Interpretation
3. In these General Orders unless the context otherwise requires
"convicted" or "conviction" includes a finding
or an order involving a finding of guilt by a criminal court in Malaysia or
elsewhere, or by a competent body conferred with the power to conduct summary
investigation under any written law that the person charged or accused has
committed an offence;
"Disciplinary Authority" means the appropriate Service
Commission whose jurisdiction extends to the service of which the said officer
is a member in accordance with the provisions of Part X of the Constitution,
and includes an officer or a board of officers in the public service by whom
the Commission's function relating to disciplinary control is exercisable in
pursuance of Clauses (5A), (5B) or (6A) of Article 144 of the Constitution;
" Head of Department" means an officer} who is in charge of a Ministry of a
department and includes, a Head of Service and any officer in Group A duly
authorised in writing by the Head of Department to act on his behalf;
"officer" means a member of the public service of the
Federation.
CODE OF CONDUCT
4. The following is the code of conduct of officers in the public
service. The breach of any of the provision of this code by an officer renders
him liable to disciplinary action under these General Orders:
(1)An officer at all times and on all occasions give his undivided
loyalty and devotion to the Yang di-Pertuan Agong, the country and the Government.
(2)An officer shall not—
(a)subordinate his public duty to his private interests;
(b)conduct himself in such a manner as is likely to bring his
private interests into conflict with his public duty;
(c)conduct himself in any manner likely to cause a reasonable
suspicion that—
(i)he has allowed his private interests to come into conflict with
his public duties so as to impair his usefulness as a public officer;
(ii)he has used his public position for his advantage;
(d)conduct himself in such manner as to bring the public service
into disrepute or to bring discredit thereto
(e)lack efficiency of industry;
(f)be dishonest;
(g)be irresponsible;
(h)bring or attempt to bring any form of outside influence or
pressure to » support or advance a claim relating to the public service whether
the
claim is his individual claim, or that of other members of the
public service;
(i)be insubordinate, or conduct himself in any manner which can
reasonably be construed as being insubordinate.
OUTSIDE
EMPLOYMENT
5.(1) Save insofar as he is required in the course of his duty or
is expressly authorised by his Head of Department to do so, an officer shall
not—
(a)take part directly or indirectly in the management, or
proceedings of any commercial, agricultural or industrial undertaking;
(b)undertake for reward any work for any institution, company,
firm or private individual;
(c)as an expert, furnish any report or give expert evidence,
whether gratuitously or for reward; or
(d)function as an executor, administrator or receiver.
(2)An officer may nonetheless apply for permission to undertake
specified services of the type mentioned in paragraph (1) of this General Order
for the benefit of himpelf or his close relatives or for any non-profit making
body of which he is an office holder.
(3)In considering whether or not permission should be granted, the
Head of Department shall have regard to the code of conduct laid down in
General Order 4 and, in particular, shall ensure that by such permission—
(a)the outside employment shall not take place during office hours
and during such time when the officer is required to perform his official
duties;
(b)the activity does not in any way tend to impair the officer's
usefulness us a public servant; and
(c)the occupation or undertaking does not in any way tend to
conflict with the interest of the department or be inconsistent with the officer’s
position as a public servant.
(4)An officer on leave including leave prior to retirement shall
not accept any private employment for reward without prior written permission
of the Head of Department.
(5) Save insofar as it may otherwise be prescribed, all sums
received by any officer by way of remuneration for rendering any of the
services mentioned in paragraph (1) of this General Order shall be paid into
the Federal Treasury as deposits pending its decision as to the amount, if any,
which may be retained by the officer personally and by members of his staff.
PRESENTS, etc.
6.(1) Subject to the provisions of the General Order, and General
Order 7, an officer shall not receive or give, nor shall he allow his spouse,
children (if any, including adopted children), parents, relatives or any person
to receive or give on his behalf, directly or indirectly any present from or to
any personal-
(a)whether or not the receipt or the giving of such present is in
any way connected with the performance of the officer's public duties, and
(a)whether or not such present is in the form of cash, goods,
articles, free passages, travel facility, service, entertainment, or any other
benefits whatsoever tangible or otherwise.
(2) officer shall not receive from any
association, body or groups of persons, or from any other officer any token of
value but the Head of Department may permit the officer to receive an address
from any of them, on the occasion of the officer's retirement or transfer
provided that such address is not enclosed in any receptable of value.
(3)Permission may be granted by the Head of Department to enable
the collection of spontaneous subscriptions by officers under him, or private
uncanvassed collections from amongst the said officers, for the purpose of
making a presentation to a member of the staff of his department on the
occasion of the said member's retirement, transfer or marriage or the marriage
of the said member's child or any other appropriate occasion.
(4) Where the circumstances make it difficult for any officer to
refuse a present or token of value the receipt of which is prohibited by this
General Order (for example where no previous notice or intention to offer a
present has been given) it may formally be accepted but he shall as soon as
practicable submit a report in writing to the Head of Department containing the
full description and estimated value of the present and the circumstances under
which it was received, and the Head of Department shall forward the report with
his comments to the Appropriate Disciplinary Authority. Pending the decision of
the Disciplinary Authority, the officer shall be responsible for the safe
custody of the present.
(5)Upon receipt of the report under paragraph (4) of this General
Order the Appropriate Disciplinary Authority shall decide either—
(a) to permit the officer to retain the present; or
(b) to direct that the
present be returned to the giver through the Head of Department. Jentera
Pentadbiran Kerajaan
ENTERTAINMENT
7. An officer shall not give or accept entertainment of any
description to or from any person, organization, or group of persons where such
entertainment could in any manner influence the performance of his official
duties as a public officer in favour of the interest of any person,
organisation, or group, or as being in any way inconsistent with the provision
of the code of conduct laid down in General Order 4.
OWNERSHIP OF
PROPERTY
8.(1) An officer shall on his appointment to the public service declare
to the Appropriate Disciplinary Authority through the Head of Department all
property, whether movable or immovable (excluding movable property which is
reasonably in actual and current use by him, his spouse, or his children),
belonging to him or held by any person on his behalf or on behalf of his spouse
or children of if there is no such property he shall report accordingly. The
Head of Department shall record this fact in the officer's Record of Service
Book.
(2) Where after making a declaration under paragraph (1) an
officer or his spouse or children acquires any property, whether movable or
immovable either directly or indirectly (excluding movable property which is
reasonably required for personal use by him, his spouse or children) he shall
report immediately such acquisition to the Appropriate Disciplinary Authority
through the Head of Department.
(3)Where an officer or his spouse or child proposed to acquire any
property, either directly indirectly, whether movable or immovable, and the
proposed acquisition in inconsistent with the provisions of General Order 4
the acquisition shall not be made without the officer having first obtained the
permission in writing from the Appropriate Disciplinary Authority.
(4)In deciding whether or not to grant permission under paragraph
(3) of this General Order the Appropriate Disciplinary Authority shall have
regard to the following:
(a)the size, amount or value of the holding, investment, house,
land or property in relation to the officer's official emoluments and any
legitimate private means;
(b)Whether the acquisition or holding thereof will or is likely to
conflict with the interests of the public service, or be inconsistent with the
officer's position as a public servant or in any way inconsistent with the code
of conduct laid down in General Order 4;
(c)the opinion of the Head of Department;
(d)any other factor which the Appropriate Disciplinary Authority may
consider necessary for upholding the integrity and efficiency of the public
service.
(5)In this General Order—
"property" includes property of any description as may
be prescribed by the Director General of Public Services from time to time.
"child" includes an adopted child but does not include a
child who is not dependent on the officer.
LIVING BEYOND
MEANS
9.(1) Where the Head of Department is of the opinion that an
officer is or appears to be—
(a)maintaining a standard of living which is beyond his official
emuluments and other legitimate private means, if any; or
(b) in control or in possession of pecuniary resources of
property, movable or immovable, the value of which is disproportionate to, or
which could not reasonably be expected to have been acquired by the officer
with his official emoluments and any legitimate private means;
the Head of Department shall, by letter, call upon the officer to
explain in writing within a period of 30 days from the receipt of such letter
how he is able to maintain the said standard of living or how he came by his
pecuniary resources or property.
(2) Upon receipt of the explanation from the officer concerned or
if the officer fails to give any explanation, the Head of Department shall
report this fact to the Appropriate Disciplinary Authority enclosing the
officer's explanation, if any. The Disciplinary Authority may thereupon take disciplinary
action against the officer with a view to dismissal in accordance with General
Order 26 or take such steps as it may deem fit.
BORROWING MONEY
10.(1) No officer may borrow from any person or stand as surety or
guarantor to borrower, or in any manner place himself under any pecuniary
obligation to any person—
(a)who is directly or indirectly subject to his official authority;
(b)with whom the officer has or is likely to have official
dealings;
(c)who resides or possess land or carries on business within the
local limits of his official authority; or
(d)who carries on the business of money lending.
For the purpose of this General Order the word "person"
shall include a body corporate or unincorporated.
(2) An officer may, however, borrow from banks, insurance
companies, cooperative societies, or borrowing companies licensed under the
Borrowing Companies Act, 1969 or incur debt through acquiring goods by means of
hire purchase agreements provided that—
(a)such banks, insurance companies, co-operative societies or
borrowing companies from which the officer borrows are not directly subject to
his official authority;
(b)such borrowings shall not lead to public scandal or be
construed that the officer has abused his public position to his private
advantage; or
(c)the aggregate of his debts does not or is not likely to cause
him serious pecuniary indebtedness as defined under General Order 11.
(3)Subject to paragraph (2), an officer may incur the following
debts—
(a)sum borrowed on the security of land charged or mortgaged,
where the , said sums do not exceed the value of the said land;
(b)overdrafts allowed by banks;
(c)sums borrowed from insurance companies on the security of
policies;
(d)sums borrowed from the Government or co-operative societies,
(e)sums due on goods acquired by means of hire-purchase agreements.
SERIOUS
PECUNIARY INDEBTEDNESS
11.(1) For the purpose of these General Orders the expression
"serious pecuniary indebtedness" means the state of an officer's
indebtedness which, having regard the the amount of debts incurred by him, has
actually caused serious financial hardship to him; and without prejudice to the
general meaning of the said expression, an officer shall be deemed to be in
serious pecuniary indebtedness—
(a)where the aggregate of an officer's unsecured debts and
liabilities at any given time exceeds the sum of three times his monthly
emoluments;
(b)where he is a judgement debtor and the judgement debt has not
been settled within one month of the date of the judgement; or
(c)where he is a bankrupt or an insolvent wage earner, as the case
may be, for so long as any judgement against him in favour of the Official
Assignee remains unsatisfied.
(2)Serious pecuniary indebtedness from whatever cause other than
the result of unavoidable misfortune not contributed to in any way by the
officer himself shall be regarded as bringing the public service into disrepute
and shall render him liable lo disciplinary action.
(3)If serious pecuniary indebtedness which has occurred is the
result of unavoidable misfortune, the Government may give the officer such assistance
as the circumstances appear to warrant.
(4) If an officer finds that his debts cause or are likely to cause
serious pecuniary indebtedness to him, he shall forthwith report this fact to
the Head of Department.
(5)An officer who fails or delays in reporting his serious
pecuniary indebtedness or who reports the same but fails to disclose its full
extent or gives false or misleading account thereof, shall be guilty of a
serious blench of discipline (whatever the first cause of the indebtedness may
be), and shall render himself liable to disciplinary action.
(6)As long as an officer is in serious pecuniary indebtedness he
may be disqualified for promotion or acting in a higher appointment or
covering another post in addition to his duties.
(7)Where an officer's debts amount to serious pecuniary
indebtedness but he has not been adjudged a bankrupt or an insolvent wage
earner, his case shall be reviewed annually by the Head of Department.
REPORTS OF
SERIOUS PECUNIARY INDEBTEDNESS ETC. FROM COURTS AND OFFICIAL ASSIGNEE
12(1) The Registrar or Senior Assistant Registrars of the High
Courts in respect of proceedings in the High Courts and Registrars of the
Sessions Courts in respect of proceedings in the Sessions and Magistrates
Courts shall report to the appropriate Head of Department every case of a
public officer—
(a) who, being a judgement debtor, does not appear from the file
of the suit to have settled the debt within one month from the date of
judgement,
(b) who has filed his own petition in bankruptcy or for a wage earner's
administration order; or
(c)against whom a creditor's petition in bankruptcy has been
presented.
(2)The Official Assignee shall, as soon as he has sufficiently investigated
the affairs of a public officer who is a bankrupt or an insolvent wage earner,
communicate to the appropriate Head of
Department— *
(Š°) the Statement of Affairs filed by the bankrupt or an insolvent
wage earner in accoudance with the bankruptcy law in force from time to time;
(b) the amount of instalment order proposed or made;
(c)whether or not the Official Assignee propose to initiate any
further proceedings and, if so a brief indication of their nature;
(d)the main cause of the bankruptcy;
(e)whether in his opinion the case involves unavoidable
misfortune, dishonourable conduct or any other special circumstances,
favourable or unfavourable to the officer;
(f)any other matter which in his discretion he thinks it proper to
mention.
(3)On consideration‘of the report under paragraph (2) of this
General Order and a report by the Appropriate Head of Department on the
officer's work and conduct before and since he has been in serious pecuniary
indebtedness the Appropriate Disciplinary Authority shall decide whether to
take disciplinary action, and if so, what action to take.
(4)If the punishment imposed under paragraph (3) of this General
Order takes the form of a stoppage or deferment of increment, the Appropriate
Disciplinary Authority may, on the expiry of the said stoppage or deferment of
increment, order
(5)An officer who obtains annulment of his bankruptcy may be
treated as having fully restored his credit.
LENDING MONEY
13. An officer shall not lend money at interest whether with or
without security,
provided that placing money on fixed deposit in any bank or in an
account in any
bank or in any borrowing company licensed under the Borrowing
Companies Act 1969 or in any security or stocks issued by the Government or by
any statutory body, shall not be regarded as lending money at interest.
SPECULATION
14. An officer shall not speculate in the rise and fall in prices
of commodities, whether local or foreign, or purchase or sell securities on
margin.
RAFFLES AND
LOTTERIES
15. An officer shall not hold raffles or lotteries of his private
property.
PUBLICATION OF
BOOKS
16. An officer shall not publish or write any book, article or
other works which is based on classified official information.
PROHIBITION OF
PUBLIC STATEMENTS
17.(1) An officer shall not, either orally or in writing or in any
other manner, make any public statement detrimental to any policy or decision
of the Goverment nor shall he circulate any such statement whether made by him
or any one else.
(2)An officer shall not either orally or in writing or in any
other manner make any public statement or comment on any matter relating to the
work of the Department in which he is or was employed—
(a)where such statement or comment may reasonably be regarded as
indicative of the policy of the Government except with the permission of the
Head of Department concerned; or
(b)where such statement or comment may embarrass the Government.
(3)For the purpose of this General Order, "public
statement" or "discuss publicly includes the making of any statement
or comment to the press or to the public or in the course of any public lecture
or speech or in any broadcast by sound or vision.
PROHIBITION ON
ACTING AS EDITOR ETC. OF NEWSPAPERS ETC.
18.(1) An officer shall not act as the editor, or take part
directly or indirectly in the management of, or in any way make financial
contributions to, any publication, including newspaper, magazine or journal
except the following—
(a)department or staff publications;
(b)professional publication; and
(c)publication of
non-political voluntary organizations.
POLITICAL
ACTIVITIES
19.(1) For the purpose of participating in political activities
officers are divided into two groups:
(Š°)Group "A" — This group comprises of the officers who
are holding appointments requiring a University Degree or professional
qualifications as the entry qualification.
(b) Group "B"—This group comprises of officers not in
Group "A".
(2)Except as provided in General Order 19 (4), an officer in Group
"A" is prohibited from taking part in or carrying on political
activities or wearing any emblem of a political party. Such officer shall
maintain a reserve in political matters, and in particular he shall not—
(Š°)make a statement in public orally or in writing, so as to adopt
a partisan view on any matter which is an issue between political parties;
(b)publish or circulate books, articles or leaflets setting forth
his partisan views on matters pertaining to a political party;
(c)engage in canvassing in support of any candidate at any
election to any office in any political party: or
(d)act as an election agent or a polling agent or in any capacity
for or on behalf of a candidate at an election to the Dewan Rakyat or any State
Legislative Assembly.
(3)An officer in Group "B" may be appointed as committee
member of any political party after first obtaining the written approval of the
Government.
(4)An officer who is on leave prior to retirement may participate
actively in political activities provided—
(a)he has obtained prior approval of the Government to participate
in such activities; and
(b)by being so engaged he does
not contravene the provisions of the Official Secrets Act 1972.
Application for permission to participate actively in political
activities may be made at any time before he goes on leave prior to retirement.
20.(1) Where an officer desires legal aid as provided under
paragraph (3) of this General Order he shall not institute legal proceedings in
his own personal interests in connection with matters arising out of his public
duties without the prior consent of the Director General of Public Services.
(2)An officer who receives a notice of the intended institution of
legal proceedings against him in connection with matters arising out of his
public duties or who receives any proses of court relating to the said legal
proceedings shall immediately report the matter to the Head of Department for
instruction as to whether and how the notice or, as the case may be the process
of court is to be acknowledged, answered or defended.
(3)An officer who desires legal aid to retain and instruct an
advocate and solicitor for% the
purpose of legal proceedings in connection with matters arising out of his
public duties may make an application to the Director General of Public
Services. The said application shall contain all the facts and circumstances of
the case together with the considered opinion of the Head of Department as to
the nature of the officer's involvement and shall be addressed and submitted to
the Director General of Public Services through the Attorney General.
(4)On receipt thereof the Director General of Public Services may
approve or reject the said application subject to the advice of the Attorney
General as to —
(a)the amount of legal aid to be approved;
(b)the advocate and solicitor to be retained and instructed by the
officer; or
(c)any other conditions which the Attorney General may consider
advisable;
and to further implied condition that in the event of the officer
being awarded cost by the court at the conclusion of the said legal
proceedings, no payment in respect of the legal aid so approved will be made by
the Government unless the amount of cost so awarded to him is insufficient to
meet charges for retaining and instructing an advocate and solicitor.
(5)Charges for employing an advocate and solicitor retained and
instructed by or on behalf of an officer in legal proceedings in connection
with matters arising out of his public duties otherwise than by virtue of
approval by the Director General of Public Services will not be paid for him
from the public fund.
21.(1) Absence without leave or prior permission or without
reasonable cause shall render an officer liable to disciplinary action
(2)For the purpose of this General Order, "absence"
includes failure to be present for any length of time whatsoever at a time and
place where the officer is required to be present for the performance of his
duties.
(3)Where an officer is absent for a period not exceeding seven
working days, in any calendar month, upon report by the Head of Department, the
Appropriate Disciplinary Authority in cases where it is not considered
justifiable to initiate disciplinary action with a view to dismissal, may deal
with the officer in accordance with General Order 25 and impose such punishment
as it may deem fit and in that events, he shall not be entitled to any salary
or remuneration for the period of his absence.
(4)Where an officer is absent for period exceeding seven working
days in any calender month, or exceeding seven working days consecutively, that
fact shall forthwith be reported by the Head of Department to the Appropriate
Disciplinary Authority together with the dates and the circumstances of the
absence and any further information which may be required concerning the
officer. Upon consideration of the said report, the Disciplinary Authority may
then institute disciplinary action against the officer in accordance with
General Order 26 with a view to dismissal or reduction in rank. Pending the
decision of the Disciplinary Authority, the officer shall not be entitled to
any salary or remuneration for the period of his absence.
(5)Where an officer is absent and cannot be traced, the Head of
Department shall cause to be sent to the officer's last known address an
"A.R." (Acknowledged of Receipt) registered letter requiring him to
give an explanation as to his absence and at the same time directing him to
report for duty at once. If within seven days after the receipt of the letter
the officer reports for duty, the Appropriate Disciplinary Authority shall
institute disciplinary action either under paragraph (3) or (4) of this General
Order. If seven days after the receipt of the letter by the officer, he is
still absent or nothing is heard of or from him, the Head of Department shall
proceed to submit a report to the Appropriate Disciplinary Authority as
required under paragraph (4). Upon consideration of the said report the
Appropriate Disciplinary Authority shall institute disciplinary action either
under paragraph (3) or (4) of this General Order, but in case where the said
letter is returned undelivered, the Disciplinary Authority shall take steps to
notify in the Gazette the fact of the officer's absence and
his untraceability.
(6)If despite notification in the Gazette/the officer fails to return for duty
within a period of seven days from the date of the publication of the Gazette, the officer shall be deemed to have
been dismissed from the service with effect from the date of his absence. If
within seven days after the publication of the Gazette the officer reports for duty, the
Appropriate Disciplinary Authority shall institute disciplinary action either
under paragraph (3) or (4) of this General Order.
REPORTING
UNSATISFACTORY WORK OR CONDUCT
22(1) It is the duty of every officer to exercise disciplinary
control and supervision over his subordinates and to take appropriate action in
every case of the breach of any of the provision of the General Order including
unsatisfactory work or conduct.
(2) Failure to do so shall deem the officer guilty of inefficiency
and renders him liable to disciplinary action.
PART II
DISCIPLINARY PROCEDURE
CONDITIONS FOR DISMISSAL OR REDUCTION
IN RANK
In all disciplinary proceedings under
this Part no officer shall be dismissed or reduced in rank unless he has been
informed in writing of the grounds on which it is proposed to take action
against him and has been afforded a reasonable opportunity of opportunity of
being heard:
Provided that this General Order
shall not apply to the following cases:
(a)Where the Appropriate Disciplinary
Authority is satisfied that for some reason, to be recorded by it in writing,
it is not reasonably practicable to carry out the requirements of this General
Order; or
(b) Where the
Yang di-Pertuan Agong is satisfied that in the interest of the security of the
Federation or any part thereof it is not expedient to carry out the
requirements of this General Order.
DISCIPLINARY AUTHORITY TO DETERMINE NATURE OF OFFENCE
24. In every case of an alleged
breach of discipline by any officer except as provided for under General Order
27 (a) and (b), the Chairman of the Appropriate Disciplinary Authority
shall, in the first instance, before commencing any disciplinary proceeding in
the matter, consider whether the breach of discipline complained of is of a
nature which merits a punishment of dismissal or reduction in rank or a
punishment lesser than dismissal or reduction in rank.
PROCEDURE IN CASES MERITING
PUNISHMENT LESSER THAN DISMISSAL OR REDUCTION IN RANK
26.(1) Where the Chairman of the
Appropriate Disciplinary Authority decides under General Order 24 that the
breach of discipline alleged merits punishment lesser than dismissal or
reduction in rank, the officer shall be informed in writing of the facts of the
breach of discipline alleged against him and be given an opportunity of making
a representation in writing, against the allegation.
(2)After considering the
representation under paragraph (1), the Appropriate Disciplinary Authority
shall determine whether or not the officer is guilty of the alleged breach of
discipline and if it determines that he is guilty thereof it shall impose any
one or more of the punishments specified in General Order 36.
PROCEDURE IN CASES MERITING
PUNISHMENT OF DISMISSAL OR REDUCTION IN RANK
27.(1) Where it is represented to, or
is found by, the Appropriate Disciplinary Authority that an officer is guilty
of unsatisfactory work or misconduct and such work or misconduct, in the
opinion of the Disciplinary Authority, merits dismissal or reduction in rank,
the provisions of the following paragraphs shall apply.
The Appropriate Disciplinary
Authority shall, after considering all the available information in its
possession that there is a prima-facie case for dismissal or reduction in
rank, cause to be sent to the officer a statement in writing, prepared, if
necessary, with the aid of the Legal Department, of the ground or grounds on
which it is proposed to dismiss the officer or reduce him in rank and shall
call upon him to state in writing within a period of not less than fourteen
days from the date of receipt of the letter a representation containing
grounds upon which he relies to exculpate himself.
(3) If after consideration of the said
representation, the Appropriate Disciplinary Authority is of the opinion that
the unsatisfactory work or conduct of the officer is not serious enough to
warrant dismissal or reduction in rank, the Disciplinary Authority may impose
upon the officer such lesser punishment as it may deem fit.
(4) If the officer does not furnish any
representation within the specified time, or if he furnishes a representation
which fails to exculpate himself to the satisfaction of the Appropriate
Disciplinary Authority, it shall then proceed to consider and decide on the
dismissal or reduction in rank of the officer.
(5) Where the Appropriate Disciplinary
Authority considers that the case against the officer requires further
clarification, it may appoint a Committee of Inquiry consisting of not less
than two senior Government officers who shall be selected with due regard to
the standing of the officer concerned and to the nature and gravity of the
complaints which are the subject of the inquiry, provided that an officer lower
in rank than the officer who is the subject of the inquiry or the officer's
Head of Department shall not be selected to be a member of the Committee.
(6) The officer shall be informed that, on
a specified day, the question of his dismissal or reduction in rank will be
brought before the Committee and that he will be allowed and if the Committee
shall so determiner., shall be required to appear before the Committee and
exculpate himself.
(7) If witnesses are examined by the
Committee, the officer shall be given an opportunity to be present and to
question the witnesses on his own behalf and no documentary evidence shall be
used against him unless he has previously been supplied with a copy thereof or
given access thereto.
(8) The Committee may, permit the Government
or the officer to be represented by an officer in the public service or, in
exceptional cases, by an advocate and solicitor and may at any time, subject to
such adjournment as is reasonably necessary to enable the officer to present
his case in person, withdraw such permission:
Provided that where the Committee permits
the Government to be represented, it shall also permit the officer to be
similarly represented.
(9) If, during the course of the inquiry,
further grounds for dismissal are disclosed, and the Appropriate Disciplinary
Authority thinks fit to proceed against the officer upon such grounds, the
officer shall be furnished with a written statement thereof and the same steps
shall be taken as are prescribed above in respect of the original grounds.
(10) The Committee having inquired into
the matter, shall make a report to the Appropriate Disciplinary Authority
thinks fit to proceed against the officer upon such grounds, the officer shall
be furnished with a written statement thereof and the same steps shall be taken
as are prescribed above in respect of the original grounds.
(11) If, upon considering the report of
the Committee the Appropriate Disciplinary Authority is of the opinion—
(a) that the officer should be dismissed
or reduced in rank, it shall forthwith direct accordingly;
(b) that the officer does not deserve to
be dismissed or reduced in rank, but deserves some lesser punishment, it may
inflict upon the officer such lesser punishment as it may deem fit; or
(c) that the proceedings disclose
sufficient grounds for requiring him to retire in the public interest, it shall
recommend to the Government accordingly. The question of pension will be dealt
with under the Pensions Act.
CRIMINAL PROCEEDINGS AGAINST AN OFFICER
27.(1) Where criminal proceedings are
instituted against an officer, the Registrar or the Senior Assistant Registrar
of the Court in which the said proceedings are instituted, shall send to the
Head of Department a report containing the following information—
(a)at the commencement of the said
proceedings, the following information-
(i)the charge or charges against the
officer;
(ii)if arrested, the date and time when
the officer was arrested
(iii)whether or not he is on bail; and
(iv)other relevant information; and
(b)at the conclusion of the said
proceedings, the judgement of the court.
(2)Upon becoming aware that criminal
proceedings are being instituted against an officer, the Head of Department
shall obtain a report from the Registrar or Senior Registrar or Senior
Assistant Registrar of the court concerned containing the information as in
paragraph 1 (a). Upon receipt of the report, the Head of Department shall
forward it to the Appropriate Disciplinary Authority together with his
recommendation as to whether or not the officer should be interdicted from
duty.
(3)Upon consideration of the said report
and the recommendation of the Head of Department, the Appropriate Disciplinary
Authority may, subject to General Order 30 intesdict the officer from the
exercise of his duty.
(4)Where criminal proceedings against the
officer result in his acquittal and no appeal is lodged against the said
acquittal by or on behalf of the Public Prosecutor, the officer shall be
allowed to resume duty and he shall be allowed to receive the unpaid portion
of>1s emoluments withheld from him whilst under interdiction. But where an
appeal is lodged against the said acquittal, the Appropriate Disciplinary
Authority shall decide whether or not the officer should continue to remain
under interdiction until the said appeal is finally disposed of.
(5)Where criminal proceedings against the
officer result in his conviction, the Appropriate Disciplinary Authority shall
suspend the officer from the exercise of his duties from the date of his
conviction pending its decision under General Order 33.
In this General Order, the term
"acquittal" includes a discharge not amounting to acquittal.
NO DISCIPLINARY PROCEEDINGS DURING THE PENDENCY OF
CRIMINAL PROCEEDINGS
28.Where criminal proceedings are being
instituted against an officer, no proceedings for his dismissal upon any
grounds involved in the criminal charge may be taken against him pending the
conclusion of the criminal proceedings, but nothing in this General Order shall
prevent disciplinary action from being taken against him during the said
proceedings on any other ground arising out of his conduct in the performance
of his duties.
29. An officer who is acquitted shall not
be dismissed on the charge upon which he is acquitted but nothing in this
General Order shall prevent disciplinary action from being taken against the
officer on any other grounds arising out of his conduct in the matter whether
or not connected with the performance of his duties provided that the said
grounds do not raise substantially the same issues as that on which he is
acquitted.
30. (1) The Appropriate Disciplinary
Authority may if it thinks fit, interdict from the exercise of his duty— ,
(a) an officer against whom criminal proceedings are being
instituted as provided for in General Order t?7 and such interdiction may be
made effective from the date of his arrest or the date on which summons- are
served on him: or
(b)an officer against whom disciplinary
proceedings with a view to dismissal are about to be taken and such
interdiction may be made effective from (the date as specified in the
interdiction order.
(2). The Appropriate Disciplinary
Authority may interdict an officer in the following cases—
(a)when the nature of the offence with
which he is charged is directly related to his duties;
(b)when his presence in the office would
hamper investigation; or
(c)when he may be a source of
embarrassment to his department if allowed to carry on his usual duties and
responsiblities.
(3).An officer who has been interdicted
shall, unless and until he is suspended or dismissed, be allowed to receive
such poriton of the emoluments of his office, not being less than one half as
the Appropriate Disciplinary Authority may think fit.
(4)An officer under interdiction if
allowed to resume duty by the Appropriate Disciplinary Authority shall be
allowed to receive the unpaid portion of the emoluments which has been
withheld from him whilst under interdiction.
SUSPENSION
31.(1) An officer who is suspended from
the exercise of his duties under General Order 33 and 34 shall not be allowed
to receive any of unpaid portion of his emoluments withheld from him whilst
under interdiction, nor shall he be allowed ro receive any emoluments from the
date of his suspension.
(2) If the disciplinary proceedings result
in his dismissal he shall not be entitled to any unpaid portion of his
emoluments, but if the punishment is other than dismissal, he may be refunded
such portion of the emoluments withheld from him as the Disciplinary Authority
may think fit.
LEAVING THE COUNTRY WHILST UNDER INTERDICTION OR
SUSPENSION
32. (1) An officer who is under
interdiction or suspension shall not leave Malaysia without the permission of
the Appropriate Disciplinary Authority, and if the said officer is serving in a
Malaysian Mission overseas, he shall be recalled to Malaysia forth with and
pending the reinstatement or dismissal, he shall not leave the country without
the permission of the Disciplinary Authority.
(2) If criminal proceedings are being
taken against an officer in a foreign country, the officer shall be interdicted
in accordance with General Order 30 and shall be placed in the custody of the
Malaysia mission in that country and he shall not be allowed to leave that
country.
PART III: SPECIAL PROVISIONS
PROCEDURE IN CASE OF CONVICTION
33. Where criminal proceedings against an
officer result in his conviction, or where his appeal against his conviction
has been dismissed, the Head of Department concerned shall apply to the
Registrar or Senior Assistant Registrar of the relevant Court for a copy of the
judgement of the Court. Upon receipt of the said judgement, the Head of
Department shall submit the same to the Appropriate Disciplinary Authority
together with full particulars of the officer's past record of service and
recommendation of the Head of Department as to whether the officer should be
dismissed from the service or otherwise dealt with depending on the nature and
gravity of the offence committed in relation to the degree of disrepute which
it brings to the service.
PROCEDURE IN CASE OF DETENTION, BANISHMENT ETC.
34. (1) Where there has been made against
an officer an order of detention, supervision, restricted residence,
banishment or deportation, or where there has been an order imposing upon such
officer any form of restriction or supervision by bond or otherwise under any
law relating to the security of the Federation or any part thereof, prevention
of crime, preventive detention, restricted residence, banishment, immigration
or protection of women and girls, the Head of Department shall apply for a copy
of the order from the appropriate authority and upon receipt thereof, shall
submit a report together with full particulars of the officer's past record of
service to the Appropriate Disciplinary Authority and the Head of Department
shall recommended to the Disciplinary Authority whether the officer should be
dismissed from the service, reduced in rank or otherwise dealt with depending
on the degree of disrepute which the officer brings to the service.
(2) Upon receipt of the report from the
Head of Department, the Appropriate Disciplinary Authority shall forthwith
suspend the officer from the exercise of his duties.
POWER OF DISCIPLINARY AUTHORITY IN CASES OF
CONVICTION, DETENTION ETC.
35.(1) Notwithstanding anything in General
Order 23, if after considering the report and documents submitted by the Head
of Department in General Order 33 and 34 (1), the Appropriate Disciplinary
Authority is of the opinion that the officer merits dismissal or reduction in
rank, it may forthwith direct accordingly; or if it is of the opinion that the
officer should be inflicted with a lesser punishment or otherwise dealt with,
the Disciplinary Authority may forthwith inflict upon the officer such lesser
punishment or deal with him in such manner as it may deem fit.
(2) If as a result of the lesser
punishment the officer is not dismissed, the question of his emoluments during
the period of his suspension shall be at the discretion of the Director General
of Public Services.
PART IV: PUNISHMENT
DISCIPLINARY PUNISHMENT
36. A Disciplinary Authority may impose on
an officer any one or any combination of two or more of the following
punishments:
(a)warning;
(b)reprimand;
(c)fine;
(d)forfeiture of salary;
(e)stoppage of increment;
(f)deferment of increment;
(g)reduction of salary;
(h)reduction of rank-
(i) dismissal.
FINE OR FORFEITURE OF SALARY
37.Where the Appropriate Disciplinary
Authority considers that an officer should be punished by payment of a fine or
forfeiture of salary, it may do so in accordance with the following provision:
(a)any fine imposed on any one occasion
shall not exceed an amount equal to three days' basic salary of the officer
concerned, and if an officer is fined on more than one occasion in any single
month, the aggregate of the fine imposed on him in that month shall not exceed
an amount equal to fifteen per centum of his monthly basic salary;
(b) forfeiture of salary imposed on an
officer for being absent without leave or reasonable cause on occurring under
General Order 21 (3) and 31 (2) shall not be considered as fine under this
General Order and, therefore shall not be
governed by paragraph (a) above relating
to the maximum amount of fine on any particular occasion or in any particular
month. The amount of salary forfeited for being absent without leave or
reasonable cause unless otherwise decided by the Disciplinary Authority shall
be calculated with reference to the actual period in which the officer had
absented himself;
(c)all fines or forfeiture shall be
deducted from the monthly emoluments of the officer concerned and shall be paid
or transferred to the Accountant General for credit to a fund known as the
Fines Fund to be admistered and disbursed as the Minister of Finance shall
direct.
WITHHOLDING OF INCREMENT
38.(1) In case of unsatisfactory work or
conduct, a Head of Department may in the first instance withhold an increment
for a period not exceeding three months. An increment may be withheld without
prior warning, on the ground of inefficient work, but warning must be given in
writing, at the time when it is withheld, that it will be stopped or deferred
if the officer's work does not improve during the period that the increment is withheld.
At the end of this period the increment will either be restored as from the
date on which it was withheld or the circumstances reported to the Appropriate
Disciplinary Authority.
(2) Where withholding of increment is
imposed upon an officer, he shall not, during the period in which it is
effective, be entitiled to receive any increment that may be due to him. At the
end of the said period, however, he shall be entitiled to receive the increment
which was due to him but has been withheld from him unless on the direction of
the Appropriate Disciplinary Authority, his increment has been stopped or
deferred.
STOPPAGE OF INCREMENT
39.(1) The punishment of stoppage of
increment may be imposed by the Appropriate Disciplinary Authority for any
period and when imposed upon an officer, he shall not for and during the period
in which the punishment is effective, be entitled to any increment; and at the
end of the said period, however, he will draw his salary at the rate which
would have been payable to him if his increment had not been so stopped.
(2) This punishment does not alter the
increment date of the officer upon whom it is imposed nor does it entail any
loss of seniority of that officer.
DEFERMENT OF INCREMENT
40.(1) The punishment of deferment of
increment may be imposed by the Appropriate Disciplinary Authority for any
period of not less than three months and when imposed upon an officer, he shall
not for and during the period in which the punishment is effective, be
entitled to any increment.
(2)This punishment shall also have the
following consequences upon the officer on whom it is imposed-
(a)his incremental date shall be altered
to the date on which the punishment expires;
(b)his incremental date shall continue to
be the same as has been altered under paragraph (a) until he reaches the
maximum of his scales; and
(c)the officer shall suffer the loss of
seniority by a period equal to that of the punishment.
REMISSION OF DEFERMENT OF INCREMENT
41. (1) An officer upon whom the
punishment of deferment of increment is imposed may, however, apply to the
Appropriate Disciplinary Authority for a remission of the punishment. The said
application may be made at any time not earlier than three years from the date
on which the punishment expires.
(2)To earn a remission, it shall be
necessary for the work and conduct of the officer to have so improved as to
have earned a positive recommendation from the Head of Department to the
Appropriate Disciplinary Authority that the remission applied for should be
approved.
(3)Under no circumstances shall any
remission of this punishment restore any loss of seniority to the officer.
REDUCTION OF SALARY
42.(1) Where an officer has reached the
maximum of the salary scale of his grade, the Appropriate Disciplinary
Authority may impose upon an officer the punishment of reduction of salary for
such period as it may think fit:
Provided that the punishment shall not be
more than three increments in the salary segment in which he is at the time
when this punishment is imposed.
(2)The consequences of this punishment
shall have the same effect as in General Order 40.
PUNISHMENT TO BE ENTERED INTO THE OFFICER'S RECORD OF
SERVICE
43.For every punishment imposed on an
officer under these General Order, the Head of Department shall cause to be entered
in the Record of Service Book a note containing particulars of the punishment.
TERMINATION OF EMPLOYMENT IN THE PUBLIC
INTEREST
44.(1) Notwithstanding these General
Orders, where it is represented to or is found by the Government that it is
desirable that any officer should be required to retire from the public service
in the public interest or on grounds which cannot suitably be deal with by the
procedure laid down in these General Order, the Government may call for a full
report from the Head of Department in which the officer is or has been serving.
The said report shall contain particulars relating to the work and conduct of
the officer and the comments, if any of the Head of Department.
(2).If after considering the report, the
Government is satisfied that having regard to the conditions of the services,
the usefulness of the officer thereto, the work and conduct of the officer and
all the other circumstances of the case, it is desirable in the public interest
so to do, the Government may terminate the service of the officer with effect
from such date as the Government shall specify.
(3).If shall be lawful for the Appropriate
Disciplinary Authority to recommend to the Government that an officer be
required to retire from the public service in the public interest
notwithstanding that any disciplinary proceeding has or has not been carried
out under any of the provision of these General Orders and the Government may
so terminate the service of the said officer. For the purpose of clearing any
doubt, the provision of paragraph (4) of the General Order shall apply in
respect of termination of service of such public officer under this paragraph.
(4).Notwithstanding anything in these
General Orders and any other law to the contrary, in terminating the service of
any officer in the public interest under this General Order, such officer may
not be given any opportunity of being heard and an officer whose service has
been terminated in the public interest under this General Order shall not, for
the purpose of Article 135 (2) of the Federal Constitution, be regarded as
having been dismissed regardless of whether such termination of the service of
the officer involved an element of punishment and/or connected, either wholly
or partly, with his conduct in relation to his office which the Government
regards as unsatisfactory or blame-worthy.
No comments:
Post a Comment